Neutral Citation No. - 2025:AHC:132432 Court No. - 52 Case :- WRIT - A No. - 11184 of 2025 Petitioner :- Mamta Kushwaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Mishra,Prabhakar Awasthi Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Prabhakar Awasthi, learned counsel for the petitioner as well as learned Standing counsel for the State. The present petition has been filed by the petitioner with the prayer to quash the impugned part of the order dated 23.01.2023 passed by the District Basic Education Officer, Deoria and a further prayer to direct the respondents to forthwith ensure the payment of salary in favour of the petitioner on the post of Headmaster from 01.07.2019 and in this regard, if need so arises, the District Basic Education Officer, Deoria may pass fresh order seeking representation from the petitioner in relation to the same. Learned counsel for the petitioner submits that by means of the present petition, the petitioner has challenged the impugned order dated 23.01.2023 passed by District Basic Education Officer, Deoria to the extent whereby the appointment of the petitioner has been approved from the date of passing of the order i.e. 23.01.2023 and not from the date when the petitioner was appointed i.e. 07.03.2019 and she joined on 01.07.2019. By the order dated 25.06.2020, the District Basic Education Officer, Deoria refused to accord consideration to the appointment of the petitioner. The aforesaid order was challenged by means of filing Writ-A No. 10157 of 2021 (Smt.Mamta Kushwaha vs. State Of U P And 3 Others) and the Coordinate Bench of this Court by order dated 18.08.2021, allowed the petition whereby quashing the order impugned therein i.e. 25.06.2020 passed by District Basic Education Officer, Deoria refusing approval to the petitioner with the directions as follows :- "In the light of the findings as recorded above, on both the counts the impugned order is not sustainable, moreso in view of the fact that the process of appointment in the case was initiated on 20.4.2018 and the advertisement for appointment was issued on 1.5.2018 i.e. much prior to the date of Government Order dated 4.12.2019, as such the order dated 25.6.2020 is set aside. The matter is remanded to the respondent no. 2 to take a fresh decision on the approval of the appointment in accordance with law except for the two grounds as mentioned in the order dated 25th June, 2021. The said exercise shall be carried out with all expedition preferably within a period of four weeks from the date of production of a copy of this order before the respondent no. 2." Pursuant to the aforesaid, the impugned order has been passed, however, the approval has been accorded from the date of passing of the order i.e. 23.01.2023, which is not in accordance with the relevant provisions. He further submits that challenging only the aforesaid part, the present petition has been filed. However, without following the proper procedure as provided under the law and without assigning any reason, impugned order has been passed, therefore, the impugned order is illegal, arbitrary and bad in the eyes of law and is liable to be quashed. Learned Standing Counsel for the State could not dispute the aforesaid objections, however, submits that the matter may be remanded back to the respondent no.3 for passing fresh reasoned order. Accordingly, the order impugned dated 23.01.2023 is set aside to the extent of the prayer made. The matter is remanded back to respondent no.3-District Basic Education Officer, District- Deoria for decision afresh with respect to consideration of approval from the date of appointment rather than the date of issuance of the order dated 23.01.2023, ignoring the delay, if any, on merits, strictly in accordance with law, by means of reasoned and speaking order, after giving fresh notice and opportunity of hearing to the petitioner, in the light of observations made by the Court in the earlier writ petition i.e. Writ-A No. 10157 of 2021(Smt.Mamta Kushwaha vs. State Of U P And 3 Others), preferably within a period of six weeks from today/date of production of certified copy of this order, if there is no legal impediment. The present writ petition is allowed subject to the observations made above. Order Date :- 6.8.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad